N.Y. Judge Calls Husband’s Pre-Divorce Filing of Back Taxes ‘Despicable’
July 30, 2010
A Suffolk County, N.Y., judge has ruled that a contractor’s filing of amended tax returns claiming $1.6 million of additional income on the eve of his divorce trial was simply a malicious attempt to prevent his wife from recovering marital assets, and therefore has refused to apportion the couple’s new tax liability. After hearing testimony from a variety of fact and expert witnesses, the court determined that the husband had a single, illegitimate reason for belatedly reporting his business’ income.
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N.Y. Judge Calls Husband’s Pre-Divorce Filing of Back Taxes ‘Despicable’
Calif. Supreme Court Reins in Courts’ Authority in Parole Cases
July 30, 2010
The California Supreme Court today reined in courts’ authority in parole cases, saying they should not order prisoners released or “place improper limitations” on the type of evidence the state Board of Parole Hearings considers. The Supreme Court ruled that once a writ of habeas corpus is granted, the courts “generally” should order the parole board to conduct a new hearing where it considers all relevant evidence consistent with due process — and not order prisoners released or direct what evidence the board considers.
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Calif. Supreme Court Reins in Courts’ Authority in Parole Cases
Rejected Health Bill for 9/11 Responders May Be Settled in Federal Courts
July 30, 2010
A bill that would have provided up to $7.4 billion in aid to 9/11 rescue and recovery workers sickened after working in the World Trade Center ruins fell short in the House on Thursday, raising the possibility that the bulk of compensation for the ill will come from a legal settlement hammered out in the federal courts. The bill, which would have provided free health care and compensation payments, failed to win the needed two-thirds majority. The vote, 255-159, fell largely along party lines.
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Rejected Health Bill for 9/11 Responders May Be Settled in Federal Courts
In Wake of ‘Heller,’ 3rd Circuit OKs Ban on Unnumbered Guns
July 30, 2010
In an important Second Amendment decision that charts a course for evaluating the validity of gun laws now that the Supreme Court has declared the right to be an individual one, the 3rd Circuit has refused to strike down a federal law that bans possession of guns with obliterated serial numbers. Perhaps the most important lesson to be gleaned from the 3rd Circuit opinion is that courts faced with unanswered questions in the Second Amendment arena should look to the extensive jurisprudence on First Amendment claims for guidance.
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In Wake of ‘Heller,’ 3rd Circuit OKs Ban on Unnumbered Guns
Ponzi Schemer Bankruptcy Trustee Sues Florida GOP for Donations Payback
July 29, 2010
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Ponzi Schemer Bankruptcy Trustee Sues Florida GOP for Donations Payback
FTC Breaks Up Yet Another Consummated Deal
July 29, 2010
The Federal Trade Commission continues its streak of breaking up consummated mergers, announcing Wednesday that Australian chemical company Nufarm Ltd. will sell assets related to its 2008 acquisition of rival A.H. Marks Holding Ltd. The FTC charged that the deal hurt competition in the U.S. market for three herbicides that are relied upon by farmers, landscapers and consumers.
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FTC Breaks Up Yet Another Consummated Deal
Former Client’s Suit Against DLA Piper Removed to Federal Court
July 29, 2010
A malpractice lawsuit by a bankrupt outdoor furniture distributor against DLA Piper has been removed to federal court. Joseph DelGreco & Co. sued DLA in Manhattan Supreme Court, claiming the firm’s negligence financially damaged the company and pushed it into bankruptcy. Now, DelGreco has removed the $17 million lawsuit to the Southern District of New York, citing its ongoing bankruptcy proceedings and the “early stages” of the litigation.
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Former Client’s Suit Against DLA Piper Removed to Federal Court
Dewey & Leboeuf’s Silicon Valley Office Loses Managing Partner to Kaye Scholer
July 29, 2010
Dewey & LeBoeuf’s Silicon Valley office is losing managing partner Barbara Caulfield and two other patent litigators, Michael Malecek and Peter Root, to Kaye Scholer. Kaye Scholer’s office managing partner William Coats said he expects a number of Dewey associates to eventually join the trio.
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Dewey & Leboeuf’s Silicon Valley Office Loses Managing Partner to Kaye Scholer
Hughes Hubbard Bolsters Antitrust Practice
July 29, 2010
Hughes Hubbard & Reed on Tuesday said it has added an antitrust partner from Howrey in New York. The hiring of Ethan Litwin will allow Hughes Hubbard to expand in antitrust and add support to what the firm said is a growing international transactional practice. Hughes Hubbard also announced it has hired Washington, D.C.-based aviation finance lawyer Steven Chung as a partner from Milbank, Tweed, Hadley & McCloy, where he had been a senior associate.
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Hughes Hubbard Bolsters Antitrust Practice
N.J. Fee-Shifting Rule Held Applicable to Out-of-State Coverage Disputes
July 29, 2010
A New Jersey court rule that allows insureds who prevail in coverage disputes to recover legal fees applies even when that litigation takes place out of state, the New Jersey Supreme Court has held. But a dissenting justice called the majority’s holding “an unwarranted and unwise extension” of the rule, asking “what will keep a plaintiff, any plaintiff, from litigating its insurance coverage questions elsewhere and, once successful, then coming to New Jersey to take advantage of this specific fee-shifting rule?”
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N.J. Fee-Shifting Rule Held Applicable to Out-of-State Coverage Disputes